NIW Bearings
dismissedDEC172025_03B52032025-12-17 · appeal

This is an AAO appeal decision — a case denied once and appealed. It shows how the framework is applied; it is not the filing population.

The Petitioner, a computer engineer, proposed to continue research and work related to privacy in computing, relying on general articles about the topic of privacy in computing to support his claims.

Field: computer engineering / privacy in computing · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

When we evaluate national importance, the relevant question is not the importance of the industry or profession in which the alien will work.
we focus on "the specific endeavor that the alien proposes to undertake" and we look to evidence illustrating the "potential prospective impact" of their actual proposed work.
articles and other materials that are generally about privacy in computing, are the types of evidence that adequately support his claims under the nationally important portion of Dhanasar 's first prong
Routine or incremental contributions that merely add knowledge or other improvements to the field without broader implications are generally insufficient to satisfy Dhanasar 's prong one requirements.
their focus was more on the issue of whether his research through his proposed endeavor "would be known widely enough to have a broader impact rising to the level of national importance."

AAO decision text

How the evidence was treated

  • citations publications · discounted
    the relevant question is not the importance of the industry or profession in which the alien will work
    AAO decision text
  • resume experience · ignored
    SCOPS did not make any adverse determination relating to his peer review experience under Dhanasar's first prong
    AAO decision text

Where this case turned

  • Endeavor too vague · p1described as a job role, not a defined undertaking
  • Field importance conflated with endeavor · p1argues the field matters, not the specific endeavor
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Notable

The AAO devotes extensive discussion to Matter of Dhanasar's own underlying facts, distinguishing the petitioner in that case's research endeavor (found nationally important) from his teaching endeavor (found not nationally important), using this comparison as interpretive guidance. The AAO also notes the Petitioner raised a 'material change' issue and RFE-based peer-review arguments that were not the basis of SCOPS' denial, and declined to address them as improper grounds for appeal.

Authorities this decision leans on

From the doctrinal survivor set — 187 authority tests across 47 distinct authorities cleared the differential-lift gates. Only those appear here.

  • Matter of Y-B-

Cases in adjacent profiles